[Direct answer]In the Beijing area, divorce litigation handles three matters simultaneously: dissolution of the marriage relationship, division of the couple's jointly owned property, and child custody arrangements. In principle, the property is divided equally, with due consideration for the interests of the children, the wife, and the innocent party. If there are agreements, these agreements shall prevail. Custody rights are determined based on the principle of what is in the best interests of the minor children. The non-custodial parent pays child support and enjoys visitation rights. These three requests should be asserted together in one case. Omitting any of these items often means having to file a second lawsuit.

I. Problem Background and Typical Scenarios

Parties to divorce litigation often make two types of mistakes: First, they only sue for divorce without mentioning property, and then initiate property disputes after obtaining the judgment, doubling the litigation costs; Second, the descriptions of property and custody claims are vague - expressions such as "divide the property according to law" and "the child belongs to me" - and they only realize what they want and what evidence they need to provide at the trial. The structured design of the three claims determines the efficiency and outcome of the entire litigation.

II. Key points of dispute

First, the determination of the scope of joint property (salary, real estate, equity, provident fund, insurance benefits). Second, the principles of division and preferential circumstances (fault, contribution, and principle of care). Third, the interconnected design of custody rights, alimony, and visitation rights. Fourth, the practical value of prioritizing mediation.

III. Professional analysis by Henglue Lawyers

The first layer involves drawing up a property list first: marital salaries, bonuses, and labor remuneration; production and investment income; and intellectual property income are considered joint property. Pre-marital assets, personal injury compensation, and property designated in wills or gift contracts as belonging solely to one party are classified as personal property. Real estate is divided based on the acquisition time and funding source, while equity division involves corporate law rules and other shareholders' rights. The portion of personal accounts in provident funds and pensions can be divided—the more detailed the list, the more stable the trial will be. The second layer involves the hierarchical application of division rules: where there are written property agreements, the agreement prevails; where there are no agreements, equal division is the principle but not a mechanical 50/50 split. Principles such as protecting children, women, and the innocent party's rights will actually affect the division ratio. In cases of major faults such as marital infidelity, the innocent party typically receives a larger share (practically, there have been judgments where the at-fault party received 40% and the innocent party 60%). The party who conceals or transfers joint property may receive a smaller share or none at all. The third layer relates to custody and alimony: mothers have priority for children under two years old; for children over two years old, the arrangement must be in the child's best interests; and for children over eight years old, their wishes must be respected. Alimony typically ranges from 20% to 30% of monthly income (not exceeding 50% for multiple children), with major expenses like tuition and medical bills divided separately. Visitation rights must specify frequency, methods, and arrangements during school holidays—vague judgments like "visitation permitted" are hard to enforce in practice, and specific provisions are essential for enforceability. The fourth layer involves simultaneous claims and evidence preparation: divorce, property, and custody are handled in a single case, with the complaint listing claims and corresponding factual grounds. Evidence is organized into three volumes: proof of marital breakdown, property lists, and custody advantages. Court orders can be requested to retrieve property clues (bank accounts, real estate information) held by the other party. The fifth layer highlights the practical value of mediation: divorce cases prioritize mediation, with mediation agreements having the same legal effect as judgments and offering greater flexibility in property and custody arrangements. Cases with acute conflicts often require mediation to avoid prolonged litigation. Lawyers should not compromise but rather incorporate clients' core interests into enforceable solutions.

IV. Practical suggestions and legal basis

The first step is to state all three litigation requests before suing and provide evidence for each of them. The second step is to fix the ownership and value clues of each item on the property list. The third step is to provide full caregiving evidence and cost estimates for the custody claim. The fourth step is to assess the potential for mediation and prioritize the core interests. Main legal basis: Articles 1062, 1065, 1079, and 1084 to 1092 of the Civil Code of the People's Republic of China, and relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points in divorce litigation: Claims related to divorce, property, and child custody should be bundled together. If any items are omitted, the case will have to go through the court a second time. Property division is not a mechanical 50-50 split. Fault and care principles truly affect the division ratio. Child support and visitation rights must be specified in detail to be enforceable. The mediation agreement is the best vehicle for a refined solution. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. For cases involving comprehensive divorce litigation, you can proceed through the following channels:Divorce litigation and family disputesThe service provides a comprehensive solution, which integrates the enforcement and preservation of property rights.Creditor's rights and debts, and enforcementFor issues related to the division of equity and company assets, you can refer to the following sections for referenceIntellectual property protection and corporate lawFor columns involving complex scheme design, you can consult us for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can a divorce lawsuit only involve the divorce itself, without addressing the division of assets?

You don't have to assert your rights, but after the divorce, you still have the right to sue for the division of marital joint property separately, but you will have to pay the litigation costs twice. If the property is too complicated to verify at the moment, you can first divorce and then deal with it in a separate case.

Q2: Can making the other party cheat on you lead to him being forced to leave the house with nothing?

No. There is no system of leaving the marital home empty-handed in Chinese law. If the spouse cheated on the other party, it constitutes a major fault. The innocent party can claim a preferential division of marital property and compensation for damages, but the proportion will still be determined by the court.

Q3: How much is the alimony usually awarded?

For those with a fixed income, it is generally 20% to 30% of their total monthly income, and no more than 50% for those with more than two children; the amount will be adjusted according to the actual needs of the children and the local living standards.

Q4: Can I apply to freeze the other party's account before dividing the property?

Yes. In case of an emergency and where failure to preserve the property may harm legitimate rights and interests, the party may apply for property preservation in the divorce litigation, and after providing a guarantee, the court will seize and freeze the corresponding property.

Q5: Is the effect of mediation in divorce the same as that of a divorce judgment?

They have the same legal effect. The mediation agreement becomes effective upon being signed by both parties, and it has the same enforceability as a judgment. Moreover, it offers more flexibility in terms of customizing the clauses and has less room for appeal or revocation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.